HomeMy WebLinkAbout2020-05-26 Item 13 - Written Communications - Thompson - Added 5/26/2020 Written Communications
Item # 31.._Name U v
Sheree Kansas
Subject: FW: Items 2 and 12, Council Meeting tonight 4-7; RE Eviction Ordinance Related to
Covid-19
Attachments: Letter - Written Tesitimony Items 2 and 12 Council Meeting 4-7-2020.pdf
From: Mitchell Thompson< >
Sent:Tuesday, May 26, 2020 12:31 PM
To:CityClerk<CityClerk@chulavistaca.gov>; Mike Diaz<mdiaz@chulavistaca.gov>; Mary Salas
<MSalas@chulavistaca.gov>;Jill Galvez<imgalvez@chulavistaca.gov>; Steve C. Padilla<spadilla@chulavistaca.gov>;
John McCann<jmccann@chulavistaca.gov>; Gary Halbert<GHalbert@chulavistaca.gov>; Glen Googins
<GGoogins@chulavistaca.gov>
Subject: Re: Items 2 and 12, Council Meeting tonight 4-7; RE Eviction Ordinance Related to Covid-19
Warning:
External
Email Correspondence Related to Item 13, May 28, 2020, agenda.
Madam Mayor and Members of the City Council:
Subject:Item 12--EMERGENCY ORDINANCE AMENDING EMERGENCY ORDINANCE 3486-A[EVICTION MORATORIUM ORDINANCE]OF THE CITY OF CHULA VISTA TO
EXTEND THE TERMINATION DATE OF THE ORDINANCE FROM MAY 31,2020 TO JUNE 30,2020(INTRODUCTION AND ADOPTION;4/5 VOTE REQUIRED)(FIRST READING)
Since the contents of my original testimony when the Ordinance was originally approved remains relevant, I wish to
submit this email along with my original correspondence dated April 7th (attached) as written testimony for today's
council meeting.
Respectfully Submitted,
Mitch Thompson
Mitch Thompson,RE Agent Mitch Thompson
Neighborhood Real Estate Services Thompson Consulting
1560 Republic Street
San Diego,CA 92114-1925
CONFIDENTIALITY NOTICE:This email message,including any attachments,is for the sole use of the intended recipient(s)and may contain information that is confidential,
privileged and/or otherwise protected by law. Any unauthorized review,use,disclosure or distribution is prohibited.
1
April 7,2020
The Honorable Mary Salas, Mayor&Councilmembers
City of Chula Vista
Attn:Chula Vista City Clerk
276 Fourth Ave.
Chula Vista, CA 91910
Dear Madam Mayor and Councilmembers:
SUBJECT: Written Comments-April 7th Council Agenda, Items 2 & 12 Related to
Emergency Ordinance and Regulations Regarding Evictions
You had a first reading of the aforementioned Ordinance in early March and are
conducting the second reading of the Ordinance today. The ordinance has some
provisions which hopefully the Council will address either now or in the immediate
future. Some of those issues are identified in the Implementing regulations. The
general problem with those implementing regulations is that many of the provision are
advisory ONLY and not mandatory and therefore are not enforcable. Below are nmy
continuing issues with the Ordinance and the implementing regulations:
1. Section I(1) (A) makes it unlawful for a landlord to issue a notice to Pay Rent or
Quit if he "knows" that a tenant cannot pay the rent. "Knowing" is defined as
receiving a notice within 30 days after the date the rent is due. Does that mean
landlords are simply prohibited from issuing a 3 day notice until 30 days after
the rent is due since one cannot know if a tenant will submit a notice until 30
days have passed? Or, can a landlord issue a 3 day notice on the fifth day of the
month, as is customary, if no notice of income drop is received from the tenant
by the owner?
2. There is no means test regarding partial rental payments in the Ordinance.
With the adoption of implementing regulations (Item 12) a drop of 30% of the
tenant's prior income will be that test. If their income has dropped less than
30%, it is presumed that a tenant is not protected under the ordinance and can
be evicted for non-payment of the full rent during the moratorium period. Is
that true?
3. Mandatory partial rent payment needs to be covered with the ordinance. The
regulations somewhat address the idea of partial payment but partial rent
payment is only advisory. Therefore, if a tenant's income has dropped, the
Ordinance still completely protects a tenant who pays nothing at all even if their
income has only been partially reduced, as will be the case with nearly all
tenants. Tenants must be required to make partial payments. Your regulations
advise 40% of income toward rent. That needs to be mandatory and you need
to allow a property owner to evict if a tenant is not paying that portion.
4. There needs to be a maximum aggregate amount of rent that can be deferred
by any tenant. A suggestion would be an amount equal not more than 3
months of rent. Landlords, particularly small landlords are not able to simply
defer huge amounts of rent while still paying for all services, repairs, taxes,
insurance and debt. The average rent in Chula Vista is around $1,815.
Therefore,three months of deferred rent to a single tenant would total $5,445.
A landlord should not have to"lend" more money than that to any tenant. How
do you expect the owner to stay in business?
5. Even with the 2nd reading, there is no expiration date on this Ordinance. There
needs to be an expiration date and the Council needs to revisit this matter in
the very near future.
6. The Council needs to monitor the impact of this Ordinance. Nothing in item
requires anyone in the City to provide periodic reporting to the Council on how
this Ordinance is affecting Chula Vista property owners.
My wife and I are small property owners. We rely on our rental property income for about 75%
of our total income and we are not eligible for income support from unemployment insurance
or anything else for that matter. We live a modest life. Our home is a 40-year old 1600 square
foot track home in the oldest subdivision in Rancho Del Rey. We understand the dire
circumstances and threat that we all face related to the Covid-19 virus and property owners, like
everyone in the community, need to share in the pain caused by this pandemic.
Notwithstanding that fact, the Council needs to adopt a balanced approach where small
property owners like myself are not overburdened with unfair obligations to shoulder an
inordinate share of the financial burden of this pandemic on our community.
Respectfully Submitted,
Mitch Thompson
Chula Vista Small Property Owner
760 Arroyo Ct
Chula Vista, CA 91910
cc: Mr.Glen Googins, City Attorney